Abstract
The chapter examines the principle of subsidiarity of criminal repression from the Czech point of view. The principle of subsidiarity of criminal repression forms, together with the principle of legality (nullum crimen sine lege) and the principle of responsibility for fault (nullum crimen sine culpa), the backbone of the system of principles of substantive Czech criminal law.
At the doctrinal level, it focuses on the nature of the subsidiarity of criminal repression, which is based on the "ultima ratio" principle. From a normative point of view, the interpretation is focused on the provisions of § 12, paragraph 2 and § 39, paragraph 2 of the Criminal Code. of the Code, on the concurrence of corrections in substantive and procedural criminal law and on the institute of extraordinary reduction of the sentence of imprisonment (§ 58 par. 1 tr. of the Code), which was proclaimed as a balancing institute in connection with the abandonment of the material-formal concept in considerations of non-fulfillment of qualified factual the essence of the crime, if the common dangerousness was slight.